Each LLRMI checklist provides an "easy to understand" list of duties
and activities for public safety personnel based on Supreme Court
decisions. Checklists are 8.5”x11”, two-sided, color, and laminated for
durability.

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Custody alone does not trigger the privilege; officers must
also be seeking incriminating statements through questioning or its
functional
equivalent.

Custody + Interrogation= Privilege

Guidelines for Determining Custody (Is it a police dominated
atmosphere)

Where is the questioning taking place? One police officer
sitting at a suspect’s kitchen table is less-likely to be custody than
three
officers surrounding a suspect in a police interrogation room.This is not a clear-cut determination, the
court looks at the totality of facts to determine if a person would
believe
they are not free to leave.See: Oregon
v. Mathiason, 429 U.S. 492 (1977), (subject not in custody when
questioned at
police station and told that he was not under arrest and allowed to
leave
following incriminating statements).

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